AM SHIPPING SOLUTION LTD
FREIGHT FORWARDING, WAREHOUSING & LOGISTICS TERMS AND CONDITIONS
Effective Date: June 2026
1. DEFINITIONS
“Company” means AM Shipping Solution Ltd, its officers, directors, employees, contractors, agents, affiliates, successors, and assigns.
“Customer” means any individual, corporation, partnership, organization, shipper, consignee, owner of goods, authorized representative, or other party requesting services from the Company.
“Goods” means cargo, freight, merchandise, personal effects, donations, packages, pallets, containers, commercial products, and all property tendered to the Company.
“Carrier” means any airline, ocean carrier, trucking company, rail operator, courier, warehouse operator, customs broker, freight forwarder, subcontractor, or logistics service provider engaged in connection with the services provided.
2. COMPANY STATUS AND ROLE
The Company acts solely as a freight forwarder, logistics coordinator, warehouse operator, and transportation intermediary.
Except where expressly agreed in writing, the Company acts as agent for the Customer in arranging transportation, warehousing, customs coordination, and related logistics services.
The Company is not:
A common carrier;
A motor carrier;
An ocean carrier;
An airline;
An insurer;
A customs authority;
An importer or exporter of record;
The owner of the Goods.
The Company may engage third-party service providers at its sole discretion.
3. SERVICES
Services may include:
Air Freight
Ocean Freight
Ground Transportation
Warehousing
Cargo Consolidation
Cross-Border Logistics
Pick & Pack Services
Packaging and Repackaging
Local Pickup Coordination
Distribution Services
Documentation Assistance
International Freight Coordination
The Company does not guarantee availability of any carrier, route, schedule, transit time, or service level.
4. CUSTOMER WARRANTIES
The Customer represents and warrants that:
a) The Customer is the lawful owner of the Goods or has full authority to tender the Goods.
b) All shipment information, values, descriptions, classifications, dimensions, weights, and declarations are complete and accurate.
c) The Goods comply with all applicable laws and regulations.
d) The Goods do not contain prohibited, undeclared, restricted, illegal, counterfeit, stolen, dangerous, or hazardous materials unless fully disclosed and accepted in writing.
e) The Customer has obtained all required permits, licenses, approvals, authorizations, and consents.
5. CUSTOMER RESPONSIBILITY
The Customer remains solely responsible for:
Ownership of Goods;
Contents of shipments;
Customs declarations;
Import and export compliance;
Product admissibility;
Regulatory compliance;
Documentation accuracy.
Unless specifically agreed in writing, the Company does not independently verify:
Contents;
Ownership;
Quantity;
Value;
Classification;
Legality;
Export eligibility;
Import eligibility.
The Company relies entirely upon information provided by the Customer.
6. CONSOLIDATED SHIPMENTS
For consolidated shipments, group shipments, donations, humanitarian shipments, community collections, or similar programs, the Customer represents that it has proper authority from all participating parties.
The Company assumes no responsibility for collection, storage, packaging, handling, consolidation, transportation, security, or chain of custody occurring before physical acceptance of the Goods at the Company’s facility.
7. RIGHT OF INSPECTION
The Company reserves the right, but is under no obligation, to:
Open;
Inspect;
Examine;
Photograph;
Verify;
Repackage;
Refuse;
Hold;
Segregate;
Report;
any shipment at any time without notice.
Acceptance of Goods shall not constitute verification of their contents.
8. DANGEROUS GOODS
The Customer shall fully disclose any dangerous goods, lithium batteries, hazardous materials, restricted articles, regulated commodities, or controlled products.
The Customer shall comply with all applicable requirements under:
Transportation of Dangerous Goods Act (Canada);
Transportation of Dangerous Goods Regulations;
IATA Dangerous Goods Regulations;
IMDG Code;
Applicable carrier requirements.
Failure to properly declare dangerous goods may result in refusal, disposal, reporting to authorities, additional fees, penalties, or legal action.
9. QUOTATIONS
All quotations are estimates only and may be adjusted due to:
Carrier pricing;
Fuel surcharges;
Currency fluctuations;
Government fees;
Duties and taxes;
Operational requirements;
Shipment characteristics.
Final charges shall be based on actual services rendered.
10. INSURANCE
Cargo insurance is not included unless specifically requested and confirmed in writing.
The Company strongly recommends cargo insurance for all shipments.
Declared value shall not increase the Company’s liability.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Company’s liability shall not exceed the lesser of:
a) CAD $100.00 per shipment; or
b) The amount paid by the Customer for the service directly giving rise to the claim.
The Company shall not be liable for:
Indirect damages;
Consequential damages;
Special damages;
Loss of profits;
Loss of contracts;
Loss of business opportunities;
Loss of market;
Loss of goodwill;
Punitive damages.
12. THIRD-PARTY SERVICE PROVIDERS (HIMALAYA CLAUSE)
All defenses, exemptions, limitations of liability, rights, protections, and immunities available to the Company shall also apply to:
Employees;
Directors;
Officers;
Agents;
Contractors;
Warehouse operators;
Customs brokers;
Carriers;
Subcontractors;
Logistics partners.
Such parties shall be entitled to rely upon these Terms and Conditions as if they were expressly named herein.
13. FORCE MAJEURE
The Company shall not be liable for delays, losses, or failures arising from events beyond its reasonable control including:
Weather;
Natural disasters;
Government actions;
Customs examinations;
Regulatory actions;
Labor disputes;
Port congestion;
Carrier failures;
Public health emergencies;
War;
Civil unrest.
14. STORAGE AND WAREHOUSING
Storage, handling, palletizing, inspection, repacking, and warehouse charges may apply.
Goods remain at the Customer’s risk unless specifically insured.
The Company may refuse storage of unsafe, prohibited, perishable, improperly packaged, or non-compliant Goods.
15. LIEN AND RIGHT OF RETENTION
The Company shall have a continuing general and particular lien on all Goods and documents in its possession for:
Freight charges;
Storage fees;
Duties and taxes;
Advances;
Legal fees;
Expenses;
Any other amounts owed.
The Company may retain possession of Goods until all outstanding balances are paid in full.
16. ABANDONED GOODS
Goods remaining unclaimed for more than thirty (30) days after notice may be deemed abandoned.
The Company may sell, dispose of, destroy, or otherwise deal with abandoned Goods to recover outstanding charges without further liability.
17. INDEMNIFICATION
The Customer agrees to indemnify, defend, and hold harmless the Company and its representatives from all:
Claims;
Investigations;
Fines;
Penalties;
Damages;
Liabilities;
Legal fees;
Costs;
Expenses;
arising from:
False declarations;
Customs violations;
Import/export violations;
Dangerous goods violations;
Ownership disputes;
Regulatory non-compliance;
Claims by third parties;
Breach of these Terms and Conditions.
18. RECORDS AND DOCUMENTATION
The Customer shall maintain and provide supporting records, invoices, declarations, permits, licenses, and related documentation upon request.
The Customer acknowledges that customs authorities and regulatory agencies may require production of records relating to shipments.
19. CLAIMS
All claims must be submitted in writing within seven (7) calendar days of delivery or scheduled delivery.
Failure to provide timely notice shall constitute a complete waiver of the claim.
20. LIMITATION PERIOD FOR LEGAL ACTION
No legal proceeding may be commenced against the Company more than one (1) year after the event giving rise to the claim.
21. PAYMENT TERMS
Invoices are due upon receipt unless otherwise agreed in writing.
Past-due balances may accrue interest at 2% per month (24% annually).
The Customer shall be responsible for collection costs, legal fees, and enforcement expenses.
22. INTERNATIONAL TRANSPORTATION
International shipments may be subject to:
International conventions;
Carrier tariffs;
Customs laws;
Export control regulations;
Sanctions laws;
Government regulations.
Transit times are estimates only and are not guaranteed.
23. ELECTRONIC COMMUNICATIONS AND SIGNATURES
Electronic signatures, website acceptance, online submissions, digital approvals, email confirmations, and electronic records shall have the same legal effect as original handwritten signatures to the fullest extent permitted by law.
24. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
All disputes shall be subject exclusively to the courts of Ontario, Canada.
25. ACCEPTANCE
By requesting services, accepting a quotation, submitting shipment information, delivering Goods, signing a service agreement, using the Company’s website, or otherwise engaging the Company, the Customer acknowledges having read, understood, and agreed to these Terms and Conditions in their entirety.
26. PRIVACY, DATA PROTECTION AND CONFIDENTIALITY
The Company respects the privacy of its Customers and is committed to protecting personal and commercial information in accordance with applicable Canadian privacy laws.
The Customer acknowledges and agrees that the Company may collect, use, store, process, and disclose personal information for purposes including:
- Providing requested services;
- Shipment processing;
- Transportation coordination;
- Customs and regulatory compliance;
- Identity verification;
- Billing and payment processing;
- Customer service;
- Legal and regulatory requirements.
Information may be shared with:
- Carriers;
- Airlines;
- Ocean carriers;
- Customs brokers;
- Government authorities;
- Regulatory agencies;
- Service providers involved in the transportation or handling of Goods.
The Company will take commercially reasonable measures to safeguard information against unauthorized access, disclosure, alteration, loss, misuse, or destruction.
The Company does not guarantee that electronic communications, internet transmissions, cloud-based systems, email communications, or third-party technology platforms are completely secure.
The Customer consents to the electronic transmission, storage, and processing of information required for the provision of services.
The Company shall retain records for such periods as may be required by law, regulatory requirements, operational needs, insurance obligations, or business purposes.
The Customer may request access to personal information maintained by the Company, subject to applicable legal restrictions and verification requirements.
Nothing in these Terms shall require the Company to disclose confidential business information, security procedures, proprietary systems, trade secrets, or information relating to other customers.
